Belarus International Trade in Legal Services

Is there legislation governing the legal sector

The Law "On the Bar and Legal Practice in the Republic of Belarus"  of 6 April 2012, No. 334 – Z, amending the "Law On Advocates” of June 15 1993, No. 2406-X  and the Decree of the President of the Republic of Belarus “On licensing of certain types of activities” No.17 of July 14, 2003

Under what title do lawyers practise?

The profession is divided into two categories 1) Advocates and 2) Legal Advisers

How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?

In order to become an Advocate, an individual must have received the necessary licence and be a member of the lawyers' collegium. In order to obtain an advocate's licence, the individual concerned must be a citizen of the Republic of Belarus, have a Master’s degree in law, have completed the training required by law and passed the qualification examination, . The required training is at least three years of professional legal experience or six-to-twelve months’ apprenticeship in the Legal Consultation Office of the Bar Association.  In order to become a Legal Adviser, an individual must have been granted a licence by the Ministry of Justice. Licence applications must include: a) the completed application form; b) Legal Adviser’s certificate; c) Employment record book showing that required training has been completed; d) a receipt confirming the payment of the state fee; e) passport information.  Individuals with criminal convictions or who have been found guilty of misconduct may not be admitted to the profession.  Advocates and Legal Advisers may start accumulating the required professional legal experience after completing their degree in law, or upon the completion of the second year of university.  Licences are issued for five years and may be renewed upon application subject to the good history of compliance, payment of a fee and proof of maintenance of professional competence.  Following the 2012 reforms, Legal Advisers with at least five years' experience may apply to be 'grandfathered' into the Advocacy profession and Legal Advisers with less than five years’ experience may sit a simplified bar examination.

Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits

The licence to practise law in Belarus is national.

Advocates are entitled to provide any kind of legal assistance, including representation in any court, to any physical or legal person on any legal matter whilst legal advisers are limited to:
“provision of paid services of legal nature on issues related to the establishment, operation and closure of corporations and on issues related to business activities of physical persons, including the provision of advice and preparation and examination of documents"". Until 2012, Legal Advisers were also able to represent their clients in commercial courts but the new ""Law on Advocacy"" (2012) restricts appearance in any Belarusian court to Advocates and State employees.

Only citizens of the Republic of Belarus can become advocates or legal advisers.

The law permits advocates to practise law only through the Legal Consultation Offices (LCOs) established by local Bar Associations or through “other organizational forms” which may be created by specific decisions of the Bar Association. Since 2012 the new Law has permitted advocates to practise law as sole practitioners or in law offices.
Legal Advisers remain free to practise as sole practitioners (individual entrepreneur) or in law firms (legal entities). 

What other ethical or regulatory requirements must a licensed lawyer comply with? 

The profession of advocate is subject to the ethical requirements contained in the Law on Advocates and the regulations issued by the National Bar Association.  The seven municipal Bar Associations set ethical standards, discipline advocates and regulate the number of bar members. Advocates are also subject to tight regulation of fees as clients pay for legal services through the Legal Consultation Offices of the various branches of the Bar Association. These offices retain 30% and pay advocates the remainder of their monthly income. Taxes and other fees are deductable separately. (See Resolution of the Ministry of Justice No.37 of June 8, 2007 “On Rules of Professional Ethics for Persons Providing Legal Services”). Advocates must also comply with legal requirements to provide a certain amount of free legal advice to certain groups in Society. Legal Advisers must register the prices of their services with the Ministry of Justice.

Do law firms need to receive a "license" (or permission/approval) to practice law?

Legal Advisers who wish to operate through an office/corporation must do so through a resident company of Belarus, in which all staff, including the director and deputy directors (excluding technical and support staff) possess university degrees in law, and at least two of them are certified to practise as Legal Advisers.  Advocates must seek the approval of the Legal Consulting Offices of the Bar Associations for their form of practice, whether as a sole practitioner or in a chamber with other Advocates.

Which authority issues licences? Are there different authorities for individuals and firms? 

Both legal professions are licensed and regulated by the Ministry of Justice. The Ministry of Justice designs the content of qualifying examinations and appoints the Advocates Qualification Commission (AQC), chaired by the Deputy Minister of Justice, which issues, extends and revokes licences. Advocates must then also become a member of one of the seven local Bar Associations.  Legal Advisers are licensed by a separate Commission appointed by the Ministry of Justice which also contains Ministry representatives (See: Instruction “Concerning the procedure of issuance of lawyer’s qualification certificates” adopted by the Resolution of the Ministry of Justice No.26 of October 29, 2003).

Is the jurisdiction a member of the WTO?

Belarus is currently negotiating membership of the WTO

Has it made any commitments under GATS in legal services?

Not applicable

Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries?

Today Belarus has only one bilateral agreement related to legal serviceswhich is with Lithuania, it provides foreign advocates with the same rights as Belarusian advocates have. Belarus is a member of the Commonwealth of Independent States and the Common Economic Space agreement with the Russian Federation and Kazakhstan, including Agreement on service trade and investment in member states of Common Economic Space, Agreement between Russia and Belarus on equal civil rights.  It is also negotiating a bilateral agreement with New Zealand.

The Agreement on service trade and investment in member states of Common Economic Space explicitly includes legal services.

Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements?

Under the Agreement on service trade and investment in member states of Common Economic Space, Russian and Kazakh lawyers can provide legal assistance within Belarus only on private international law, international public law and the law of the country in which jurisdiction the personnel of the services supplier is qualified, however Lithuanian lawyers can provide legal services on an equal basis with Belarusian lawyers.

There are a number of foreign firms with offices in Belarus including Russian, German, Austrian, Baltic and Scandinavian firms.

There are no explicit restrictions on the fly-in fly-out practice of law provided services are not marketed directly to the public.

Business visitors may obtain a visa to visit Belarus but must have an invitation from a Belarussian business. Citizens of the CIS do not require a visa.

There is no requirement for a foreign lawyer to obtain a licence to practise as foreign legal consultant in Belarus but they must not call themselves advocates and do not have right of audience where these are reserved to advocates. Any legal services including consultations can be provided through law firms, established in a prescribed procedure.

Not beyond the general requirements for the issuance of work permits to foreign nationals.

Not applicable

Only Belarussian advocates may appear in court.
The only exception is made for Lithuanian lawyers, who canappear in court in order to provide legal services for foreign citizens or legal entities in civil litigation.
However, apart from appearance in courts, there is no restriction for legal assistance or drafting documents.

Can a foreign law firm obtain a licence to open an office?

There is no requirement for foreign law firms to obtain special licences to practise law beyond the usual company registration procedures.

Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc)

Not applicable

No

Yes

Yes

Yes

Ministry of Justice - www.minjust.by/en